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Item 01 - Draft Mins 07.27.16DRAFT MINUTES OF THE PLANNING COMMISSION MEETING JULY 27, 2016 The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, July 27, 2016, at 7:00 pm. MEETING CALLED TO ORDER Chair Badame called the meeting to order at 7:00 pm. ROLL CALL Present: Chair Mary Badame, Vice Chair D. Michael Kane, Commissioner Kendra Burch, Commissioner Charles Erekson, Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Tom O’Donnell Absent: None. PLEDGE OF ALLEGIANCE Commissioner Erekson led the Pledge of Allegiance. The audience was invited to participate. WRITTEN COMMUNICATIONS Desk Item for Items 2 and 3. REQUESTED CONTINUANCES – ITEM 4 MOTION: Motion by Vice Chair Kane to continue the public hearing for Item 4 to August 24, 2016. Seconded by Commissioner Hudes. Chair Badame indicated that she would abstain from voting on the motion, due to a perceived conflict of interest with one of the appellants. VOTE: Motion passed 6-0, with Chair Badame abstaining. SUBCOMMITTEE REPORTS Historic Preservation Committee Vice Chair Kane - The 7/27/16 HPC meeting considered four matters: - 57 Hernandez Avenue - 125 Tait Avenue - 122 Whitney Avenue - 94 Hernandez VERBAL COMMUNICATIONS (AUDIENCE) None. CONSENT CALENDAR 1. Approval of Minutes – June 22, 2016 MOTION: Motion by Commissioner Hanssen to approve adoption of the Consent Calendar. Seconded by Commissioner Birch. VOTE: Motion passed 7-0. Page 2 of 5 Planning Commission Minutes July 27, 2016 PUBLIC HEARINGS 2. 165 Happy Acres Road Architecture and Site Application S-15-060 Conditional Use Permit Application U-15-011 APN 537-24-014 Property Owner/Applicant: Albert Kurkchubasche Project Planner: Erin Walters Requesting approval to construct a detached garage, caretaker residence, and approval of a Conditional Use Permit for a caretaker residence on property zoned HR-2½. Chair Badame opened the public hearing. Erin Walters, Associate Planner, presented the staff report. Commission members asked questions of staff. Albert Kurkchubasche - Commented that the property has a private driveway and can only be seen from the adjacent neighboring property. They need a caretaker’s cottage, because he and his wife have limited time to devote to the site, and so a caretaker would help maintain the vineyard and property. The detached garage would be for the caretaker’s car and the cars of other family members. Chris Spaulding - Commented that a geotechnical study and a geologic report, both peer reviewed, have shown there is nothing geologically or geotechnically unstable at the site where the two buildings would go; the site has been cleared for construction. These are two simple rectangular buildings. The garage has a flat top in order to expand the pool patio. Commission members asked questions of Mr. Spaulding and Mr. Kurkchubasche. Peter Donnelly - Commented that he and his wife live immediately behind the subject site, and support the application. His family is the most impacted by the development. The applicants have put tremendous effort into enhancing and maintaining their property, and he loves seeing the vineyard as part of this view. The applicant’s have always taken their point of view into consideration. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. MOTION: Motion by Commissioner O'Donnell to approve Architecture and Site Application S-15-060 and Conditional Use Permit Application U-15-011 subject to the conditions of approval as noted in Exhibit 3 of the staff report dated July 27, 2016. The required findings were made as noted in Exhibit 2 of the staff report dated July 27, 2016. Seconded by Vice Chair Kane. Commission members discussed the matter. VOTE: Motion passed 7-0 Community Development Director Joel Paulson cited the appeal rights. Page 3 of 5 Planning Commission Minutes July 27, 2016 3. 16362 Hilow Road Architecture and Site Application S-16-011 APN 532-04-082 Property Owner/Applicant: Valy Jalalian Appellant: Shannon Susick Project Planner: Joel Paulson Consider an appeal of a Development Review Committee decision approving a request to construct a new single-family residence on property zoned R-1:8. Chair Badame opened the public hearing. Joel Paulson, Community Development Director, presented the staff report. Commission members asked questions of staff. Shannon Susick - Commented that she recommendations denial of the application, because of the bulk and mass and misuse of the Cellar Policy. The design does not blend into the single-level neighborhood. There are a few two-story houses in the neighborhood that stick out, but the residential design guidelines state that, “…these aberrations will not be considered when analyzing the neighborhood.” She asked the Town to consider reviewing the residential design guidelines for parcels under 15,000 square feet, as she believes the FAR ratios, the cellars, and the setbacks are being abused and maximized. Commission members asked questions of Ms. Susick. Douglas Dal Cielo - Commented that he is the applicant’s legal counsel. The applicant and real estate agent spoke with various agencies and neighbors, and made significant concessions to the neighbors, in getting this project approved. The immediately adjacent home is a two-story home at 28 feet, 2 feet above the maximum height of the applicant’s proposed home. Of the 27 homes on Hilow Road, 9 are two-story. Of the 30 homes on Shady View Lane, 13 are two-story. The proposed home fits in with the neighborhood and will not stick out. The appellant is worried about setting a precedent for two other upcoming projects that are nearer to her home than the applicant’s. Commission members asked questions of Mr. Dal Cielo and architect Daryl Fazekas. Debra Wagner - Commented that her first comment to the applicant was, “I hope your plans don’t involve a basement,” because of the ground movement they have experienced, which has caused their patio to drop and crack, and that doors no longer close, because of land movement, primarily on the north side. With the continued development the Town will being seeing, the basement consideration guidelines need to change, because without including underground living spaces in the square footage, the FAR is meaningless and subject to abuse. Commission members asked questions of Ms. Wagner. Perry Hariri - Commented that he lives two houses south of the subject site, and supports the application. The applicant has conducted three DRC hearings and met with all the immediate neighbors. All the neighbors, with the exception of the Wagners, support the application. The applicant has made extensive concessions, such as reducing the height and square footage. Page 4 of 5 Planning Commission Minutes July 27, 2016 Jeanne Driedger - Commented that she lives directly behind the subject site, and she does not support the application. She is concerned about the basement. Like the Wagners, she also has ground movement because of the drought, with a cracked patio and doors not shutting correctly. If the applicant has a cellar, she would prefer it be a smaller one. Commission members asked questions of Mr. Driedger. Whitney Halladay - Commented that she and her husband support the project, and also support of Mr. Hariri’s project as well. They live three houses from the subject site, next to the Hariri house. They have reviewed the plans and find the two-story design is compatible in style and size with many other homes on Hilow and in nearby neighborhoods. Tony Jeans - Commented that a full cellar with a structural mat slab at the bottom can help to stabilize the house, so the cellar can be very useful from a structural standpoint. The Cellar Policy does not count a cellar in the FAR, because the FAR is designed to direct attention to the bulk, scale and mass of the house, in order to consider whether something that big belongs in the neighborhood, but whether there is an underground component is irrelevant. Commission members asked questions of Mr. Jeans. Scott Urban - Commented that he is a neighbor to a home built by the applicant on Littlefield Lane that is comparable to the proposed home, and when it was built neither he nor any of the other neighbors objected. He came to the hearing to support the applicant, because he was a great contractor every step of the way. Jim Fox - Commented that he supports his neighbors who are against the project. Although he can barely see the subject house from his location and it doesn’t directly affect him, he has had huge monster homes built to the left and right of him, so he is sympathetic. Commission members asked questions of Mr. Fox. Douglas Dal Cielo - Commented that this is not the time or place to debate the Cellar Policy; the issue before the Planning Commission is whether or not this meets the guidelines, and it clearly does. The applicant’s geotechnical engineering report was done on the water level issue; a concern of two of the neighbors, and it stated that if the cellar were constructed properly, then it would have no impact on the water level. He echoed Mr. Jeans’ comment that cellars are often used to stabilize a home. Commission members asked questions of Mr. Dal Cielo, Mr. Fazekas, and owner Valy Jalalian. Commission members asked questions of Debra Wagner. (INTERMISSION) Douglas Dal Cielo - Commented that the applicant has addressed Ms. Wagner’s privacy issue in the form of the windows 5 feet from ground level. The applicant has also addressed Ms. Wagner’s water level issue in the form of a complete soils report, and then a supplemental soils report done at the Wagner’s request. Competent, qualified, licensed professionals have indicated that this cellar Page 5 of 5 Planning Commission Minutes July 27, 2016 would be completely waterproof, and if constructed properly, will have zero impact to the neighboring property, and no issue relating to the water level. Shannon Susick - Commented her agenda is that she cares about Los Gatos and this valley, and despite staff’s findings that the project complies with some of the town’s guidelines, there are still issues with the project, such as 3,400 square feet above grade with 1800 square feet of cellar and 900 square feet of garage space, it is considerably large. She asked the Commission to consider other options, such as removing the cellar, reducing the size of the project, or perhaps bring the house down to a single-level and use a basement there. Commission members asked questions of Ms. Susick. Chair Badame closed the public input portion of the hearing and returned to the Commission for deliberation. Commission members discussed the matter. MOTION: Motion by Commissioner O’Donnell to grant the appeal of a Development Review Committee decision, and deny Architecture and Site Application S-16-011. Seconded by Chair Badame. Commission members discussed the matter. VOTE: Motion passed 6-1 with Commissioner Erekson opposing. Community Development Director Joel Paulson cited the appeal rights. NEW OTHER BUSINESS 4. Report from Community Development Director, Joel Paulson None. 5. Commission Matters • Vice Chair Kane stated that the Planning Commission needs guidance from the Town Council on the Cellar Policy. ADJOURNMENT Meeting adjourned at 9:33 pm. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, July 27, 2016 ___________________________________________ Mary Badame, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Community Development Director